Corel v. Chicago, R. I. & P. Ry. Co.

Citations

• 123 F. 452
• 1903 U.S. App. LEXIS 4917

Syllabus

<p>1. Jurisdiction of Federal Court—Residence of Parties—Evidence of Change of Domicile.</p> <p>Plaintiff, an unmarried man, who for a number of years had an established domicile in Missouri, where he practiced his profession as a dentist, residing with his mother and sister, filed on a homestead claim in Oklahoma, which at the end of 14 months he proved up and sold. During that time he made a number of trips to Oklahoma, remaining at no one time longer than about two months, and returning each time and after the sale to Missouri, where his mother and sister remained. He built a small house of one room on the homestead In which another family resided, but it did not appear that he had any furniture in the house, or had made any preparation for a permanent residence there, nor was there evidence of any statements made by him showing such an intention. Meld, that such facts were insufficient to establish a change of domicile which would deprive a federal court in Missouri of jurisdiction of an action commenced in a court of the state against a foreign corporation before plaintiff proved up on his homestead, and removed by defendant.</p> <p>¶ 1. Diverse citizenship as ground of federal jurisdiction, see note to Shipp v. Wiiliams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.</p>